United States v. Marc Milles
Opinion
Opinion
MEMORANDUM
Appellant Marc Milles challenges his conviction and sentence of 16 months’ imprisonment after trial by jury for theft of government funds and conspiracy to steal government funds in violation of 18 U.S.C. §§ 641 , 371. On appeal, Milles contends (1) the evidence was insufficient to prove he specifically intended and conspired to steal government funds; (2) the jury failed to adequately consider the evidence; and (3) prejudice from prosecutorial misconduct. We affirm.
I.
Milles challenges the sufficiency of the evidence, arguing there was no showing he possessed the requisite intent to steal funds, nor that he conspired to steal funds.
In reviewing the sufficiency of the evidence, this court examines the evidence in the light most favorable to the conviction and asks whether a rational jury could have found the defendant guilty beyond a reasonable doubt. United States v. Es- quivel-Ortega, 484 F.3d 1221, 1224 (9th Cir.2007). We assume the jury drew reasonable inferences, resolved evidentiary conflicts, and determined witness credibility in manners which support the verdict. United States v. Kranovich, 401 F.3d 1107, 1112-13 (9th Cir.2005).